Phoenix, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-2

As used in this article, the following terms shall have the meanings indicated: AGENT A representative of a property owner who shall actually reside and be domiciled within the designated boundaries of Onondaga, Oswego, Jefferson or Cayuga County and shall be legally authorized in a signed and notarized writing by the property owner delivered to the Village not less than 30 days from the due date of registration and identified in such correspondence to the Village to act in the property owner's behalf in matters regarding (a) the rental unit(s). Upon application to the Village Board an agent outside of such areas may be designated provided that the Village Board makes a reasonably based finding based upon the information provided by the applicant, that the past history of the rental unit, other rental units of the applicants, and/or such applicants' business reputation is such that it appears likely that the rental unit can be properly managed even though such agent is not within the counties named herein. The Village shall maintain a form for such purposes and such form shall be the official executed and delivered authorization form required hereunder. Permission for any such outside agent designation may be revoked by the Village Board of Trustees, upon recommendation of the Code Enforcement Officer, if subsequent to such designation violations occur which are not cured within the allotted time, or activity(ies) constituting a crime or public nuisance are determined by the Board of Trustees, upon consideration with the Code Enforcement Officer, to be conducted in the rental unit as a result of the absence of by reasonable property owner oversight. ALLOTTED TIME As defined at § 148-3C . CODE ENFORCEMENT OFFICER A staff member of, or appointed, employed or retained by, the Village of Phoenix for the purpose of enforcement of this article, including without limitation the Village Code Enforcement Officer, or other person, including third-party independent contractors. OCCUPANCY (OCCUPYING, OCCUPIED or OCCUPY) The act, state, or condition of being or becoming a tenant, licensee, squatter, or being or living in, taking up quarters or space in or on, or being in possession of all or part of any real property. OCCUPANT Any person who is in occupancy of all or part of any real property. OWNER-OCCUPIED Any rental unit occupied by a property owner. PROPERTY OWNER Any owner of real property or other person who offers, contemplates, or is able to offer a rental unit for occupancy to anyone other than the owner. Property owner shall include the title or equitable owner, mortgagee or receiver/referee in possession or control of the property, landlord, rental or management agent or any other person or entity in apparent ownership, management, or control of the real property. A property owner's designated agent (as such term is defined hereunder) shall be deemed the property owner for all purposes hereunder. RENTAL PERMIT A (final) permit issued by the Village of Phoenix stating that the referenced rental unit, to the best of the Village's knowledge and belief, conforms to the standards of the New York State Uniform Fire Prevention and Building Code and the Code of the Village of Phoenix and that the structure or rental unit is permitted for occupancy use. Any special circumstances or conditions under which occupancy is permitted may be specified on such rental permit. RENTAL UNIT Any real property, or part thereof, occupied, intended to be occupied, or able to or contemplated for occupancy by persons, businesses or other commercial enterprises other than the owner and their immediate family within or on the premises or part thereof whether or not such occupancy or intended occupancy is in consideration of a rental or similar payment. Each separate occupied, possessed, or separable living or working unit within a parcel of real property is considered a separate rental unit, all and each of which are subject to the provisions hereof. A unit contained within a one- to four-family dwelling occupied by an owner's immediate family for no rental payment or similar consideration shall not be deemed a rental unit for purposes hereof. Any unit claimed by the owner to not be a rental unit, and therefore exempt from the provisions hereof, shall be supported by the sworn statement described at § 148-3B . TEMPORARY RENTAL PERMIT The temporary permit issued upon initial registration pending a satisfactory inspection and issuance of a rental permit, all as per § 148-3 . UNSAFE RENTAL UNIT When a rental unit is found to be unsafe, unfit for human occupancy or found otherwise unlawful including in violation of any federal, New York State, Oswego County or Village of Phoenix law, regulation or code relating to the condition, use or occupancy of the unit. VILLAGE The Village Board of Trustees, or the Village Mayor where such authority is vested in the Mayor.